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24/09/2014

Cultural determinants of workplace arbitration in the U.S. and Italy

WP C.S.D.L.E. “Massimo D’Antona”.INT – 112/2014




Completed work published in Tulane Journal of International and Comparative Law, 23 (2014)





Although Italy and the United States are both advanced industrial economies, the law and practice of workplace arbitration differs significantly in the two countries.  This article explores those differences and analyzes the reasons that arbitration has evolved so differently.  The article concludes that historical and cultural differences in legal systems and labor and employment relations are explanatory forces.  While the U.S. could provide a more balanced system of arbitration by learning from the Italian system’s greater protection of workers, given the current reality neither system seems likely to undergo significant change in the near future.

author(s): Del Conte, Maurizio - C. Hodges, Ann C.
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